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Edward A. Piskorz v. Marilyn Piskorz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 10, 2011

EDWARD A. PISKORZ, PLAINTIFF-APPELLANT,
v.
MARILYN PISKORZ, DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Janice M. Rosa, J.), entered March 9, 2010, which granted defendant's motion to enter a stipulated qualified domestic relations order.

Piskorz v Piskorz

Decided on February 10, 2011

Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 10, 2011

PRESENT: CENTRA, J.P., LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: On this appeal by plaintiff from a qualified domestic relations order (QDRO), we note that no appeal lies as of right from such an order (see Irato v Irato, 288 AD2d 952). Nevertheless, inasmuch as plaintiff "raised timely objections prior to the entry of the QDRO and thereby preserved a record for our review," we treat the notice of appeal as an application for leave to appeal and grant the application (id. at 952). Upon considering the merits of plaintiff's contention, we affirm the order. Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

20110210

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